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Labour Inspection Convention, 1947 (No. 81) - Republic of Moldova (RATIFICATION: 1996)

Other comments on C081

Observation

Direct Request

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Articles 2(1), 3, 5(a) and 16 of the Convention. Functions of the labour inspection system; inspection visits and cooperation with other government services. Further to its previous comments, the Committee notes that the Government has provided copies of General Labour Inspectorate Orders Nos 109 of 22 April 2009 and 105 of 30 May 2007 related to the inspection of child labour.

Noting from the 2010 annual labour inspection report that 54 per cent of complaints received by the labour inspectorate related to non-payment of wages and wage arrears, the Committee requests the Government to provide detailed information on the labour inspection activities relative to this issue, including the number of visits carried out and proceedings instituted as well as their outcome, and the overall impact of these activities on obtaining payment of wages and benefits.

Noting moreover the detailed information provided by the Government on the inspection activities relative to the employment of children and young persons, the Committee once again requests the Government to provide more detailed information on the activities of labour inspectors in the domain of the employment relationship and illustrate the way in which such activities lead to the protection of the rights of workers, notably the payment of outstanding wages and benefits and the protection of children.

Article 5(a). Cooperation with the justice system. The Committee notes from the annual labour inspection report that in 2010 the labour inspection service drew up and submitted to the judicial authorities for consideration 681 reports on administrative offences and forwarded investigations on occupational accidents to the police and the Public Prosecutor’s Office. The Committee refers to its general observation of 2007 on the importance of effective cooperation with the justice system in order to achieve the effective enforcement of the legal provisions relating to conditions of work and the protection of workers as required by Article 3(1)(a) of the Convention. The Committee once again requests the Government to indicate the outcome of the reports submitted to the judicial authorities by labour inspectors and to specify the legal provisions to which they relate. It also requests the Government to describe any arrangements established or envisaged so as to enhance cooperation between the labour inspection system and the judicial authorities.

Articles 6 and 15. Obligations of labour inspectors arising from their status. The Committee notes that the Government has provided a copy of the Deontological Code of Labour Inspectors (Order No. 06-A of 11 April 2007) in line with its previous comments. The Committee once again emphasizes that one of the essential safeguards against cases of undue influence foreseen in the Convention is the granting of appropriate conditions of service and career prospects to labour inspectors as provided in Article 6 of the Convention. The Committee once again requests the Government to indicate the conditions of service and career prospects of labour inspectors in comparison to those of comparable categories of public officers such as tax inspectors.

It would also be grateful if the Government would provide a copy of the report on the application of Law No. 25 XVI of 22 February 2008 on the conduct of civil servants mentioned by the Government in its 2009 report.

Articles 7, 8, 11 and 21. Reinforcement of labour inspection through training and material support. Further to its previous comments on the implementation of a project entitled “Strengthening the institutional capacity and logistics of labour inspection” the Committee notes that the programme included a five-day training for labour inspectors in gender equality in employment and workshop assistance in developing a registration system with gender-disaggregated data on a number of issues within the scope of Article 21 of the Convention.

The Committee notes that, in reply to its previous request, the Government indicates that the project resulted in improvements in the effectiveness of the labour inspection in identifying cases of discrimination in priority areas, such as employment, wages, career promotion and termination of contracts. The Government also indicates that the recruitment of women labour inspectors has had a positive impact on carrying out inspections in sectors with a predominantly female workforce. The Committee also understands, however, that the implementation of the project has met with resource constraints (lack of computer hardware and Internet connection). The Committee requests the Government to provide details on the impact of the training provided to labour inspectors on gender equality in employment, and the follow-up actions taken by the labour inspection in order to promote gender equality and non-discrimination in employment.

Noting, moreover, from the Government’s report that currently the number of women inspectors is 20 out of a total of 96, the Committee would be grateful if the Government would provide further information on whether it envisages a policy of promoting recruitment of women labour inspectors.

Finally, the Committee requests the Government to keep the ILO informed of any steps taken or envisaged, including in the framework of international cooperation, in order to obtain the necessary funds for the operationalization of the database developed with ILO technical assistance.

Furthermore, the Committee notes that the Government’s most recent report does not clarify several issues raised in the previous direct request. It is therefore bound to repeat some of its previous comments, which read as follows:

Article 3(2). Functions entrusted to labour inspectors in the area of dispute settlement. The Committee notes that, although section 9 of the Labour Inspection Act prevents labour inspectors from engaging in mediation or arbitration of labour disputes, the Deontological Code of Labour Inspection approved by Order No. 06-A of 11 April 2007 requires labour inspectors to recognize and try to settle conflicts related to collective and individual rights and needs (such as the right to safety and health, the right to information and privacy rights). The Committee would like to stress that, as indicated in paragraphs 72–74 of the General Survey, op. cit., the settlement of labour disputes is not among the duties of the labour inspectorate as defined in Article 3(1) of the Convention and that, according to Paragraph 8 of the Labour Inspection Recommendation, 1947 (No. 81), “the functions of labour inspectors should not include that of acting as conciliator or arbitrator in proceedings concerning labour disputes”. The Committee requests the Government to specify whether labour inspectors are required to engage in mediation, conciliation or arbitration of labour disputes and, if that is the case, to provide details on the activities carried out in this regard and to specify their proportion in relation to the primary duties of labour inspectors.

Article 5. Cooperation/collaboration with other government services and the social partners. According to the Government, the labour inspection service has signed cooperation agreements with the Confederation of Trade Unions of the Republic of Moldova (CSRM), the National Confederation of Employers of the Republic of Moldova, the Centre for Human Rights in Moldova, the Centre for Combating Human Trafficking of the Ministry of Internal Affairs and the National Employment Agency and Labour Institute. The Committee would be grateful if the Government would provide details in its next report on the cooperation between the inspection system and these entities and the results achieved with regard to the objectives of the Convention.

Article 12(1)(a) and (b). Right of free entry of inspectors. Timing of inspections. The Committee notes that, although Act No. 140-XV of 10 May 2001 on labour inspection authorizes inspectors to enter workplaces “at any hour of the day or night” without informing the employer in advance (section 8), the scope of this right is actually restricted by the regulations implementing this Act, approved by Ordinance No. 1481 of 27 December 2001, to the period of “working hours” (paragraph 22). The Committee recalls that, according to Article 12(1) of the Convention, labour inspectors must be empowered to enter freely at any hour of the day or night any workplace liable to inspection (clause (a)) and to enter by day any premises which they may have reasonable cause to believe to be liable to inspection (clause (b)). In its General Survey of 2006 on labour inspection (paragraph 270), the Committee emphasized that the conditions for the exercise of the right of free entry to workplaces laid down by Conventions Nos 81 and 129 are intended to allow inspectors to carry out inspections, where necessary and possible, to enforce the application of legal provisions relating to conditions of work. It pointed out that the protection of workers and the technical requirements of inspection should be the primordial criteria for determining the appropriate timing of visits, for example to check for violations such as abusive night work conditions in a workplace officially operating during the daytime, or to carry out technical inspections requiring machinery or production processes to be stopped. Referring to Recommendation No. 133, Paragraph 9 of which provides that the activity of labour inspectors at night should be limited to those matters that cannot be effectively controlled during the day, the Committee considered that it should be for the inspector to decide whether or not a visit is reasonable, since inspections should only be carried out at night or outside working hours where this is warranted. The Committee therefore requests the Government to take steps to amend the legislation so as to bring it into line with the Convention with regard to the scope of inspectors’ right to enter freely at any hour of the day or night any workplace liable to inspection and to enter by day any other premises believed to be liable to inspection. It would be grateful if the Government would send information on these measures to the Office and supply copies of any relevant texts.

Article 12(2) and 15(c). Notification to employers of the labour inspection visit. The Committee notes that, according to section 11 of the Labour Inspection Act of 10 May 2001, labour inspectors must inform the employer of their presence in the workplace before starting the inspection except where the inspection is carried out as a result of a written complaint. The Committee recalls that, according to Article 12(2) inspectors should abstain from notifying their presence to the employer or his representative in case they consider that such a notification may be prejudicial to the performance of their duties. Moreover, allowing inspectors to avoid notification only in case of a complaint is incompatible with Article 15(c), according to which, in order to respect the confidentiality of the source of the complaint, the labour inspector should give no intimation to the employer that a visit of inspection is made in consequence of a complaint. Noting that, according to the Government, measures will be taken to bring the legislation in line with the Convention, the Committee requests the Government to indicate the measures taken or envisaged in order to ensure that the labour inspector is authorized to abstain from notifying his/her presence to the employer if he/she considers that such notification may impair the effectiveness of the control to be performed.